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96-22118 RESO RESOLUTION NO. 96-22118 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER FOR ADOPTION THE MODIFICATIONS TO THE 1994 AMENDMENTS TO THE CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN. WHEREAS, on June 2, 1994, after receiving comments on proposed Comprehensive Plan amendments from the State of Florida Department of Community Affairs ("DCA"), the City adopted the 1994 Amendments to the City of Miami Beach Comprehensive Plan ("1994 Amendments"); and WHEREAS, after its review, the DCA issued a notice of intent to find the 1994 Amendments not in compliance with Chapter 163 of the Florida Statutes; and WHEREAS, on August 16, 1994 a petition was filed by the DCA with the Division of Administrative Hearings in Case No. 94-4509 GM in which Aaron J. Edelstein, Bernard S. Edelstein, Mark S. Edelstein, Craig L. Edelstein, Shepard Edelstein, Stortford N.V., T!erre Bay Apartments, Lido Spa Hotel, and Melvin Simonson were granted intervenor status; and WHEREAS, during the course of the Division of Administrative Hearing proceeding, compliance agreement negotiations were held which have resulted in proposed modifications to the 1994 Amendments; and WHEREAS, the Mayor and City Commission have approved a Compliance Agreement with DCA pursuant to Section 163.3184 (16), Florida Statutes, which provides, inter alia, that the City will consider for adoption remedial amendments to the 1994 Amendments so that the 1994 Amendments may be found in compliance; and WHEREAS, pursuant to Section 163.3184 (16)(d), Florida Statutes, the City may adopt a plan amendment pursuant to a Compliance Agreement after the holding of a single adoption public hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider for adoption the Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan, is hereby scheduled on Wednesday, September 25, 1996 at 2:00 p.m. in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of said public hearing at which time and place all interested parties will be heard. PASSED and ADOPTED this 12th day of tember ATTEST: R~k~ ft~ CITY CLERK FORM f\PPROVED BY~ ~', q/ (,{ (fllb Due, .,..].:.1.,- DITIkw f:lattoltumlresos\2000cpla.hrg 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. :; ~lo -g to TO: Mayor Seymour Gelber and Memben or the City Commission DA TE:September 11, 1996 FROM: Jose Garcia-Pedrosa ~ City Manager Setting of Public earing for Adoption of Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan. SUBJECT: ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve a Resolution setting a Public Hearing on Wednesday, September 25, 1996 at a time certain for the purpose of adopting the Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan pursuant to the Compliance Agreement entered into between the City of Miami Beach and the State of Florida, Department of Community Affairs. BACKGROUND Since re-adoption of the Comprehensive Plan on Sept. 16, 1992, the City has undertaken an on-going planning process including town meetings, and the gathering and analysis of updated data from relevant sources. Based on such analysis, and in order to meet the requirements of State Statutes and Rules, the City's Planning staff and planning consultant, Robert K. Swarthout, have recommended proposed amendments to the City's Comprehensive Plan entitled "Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan". On December 2, 1993, the City of Miami Beach Planning Board, sitting as the City's Local Planning Agency, held a public hearing regarding proposed amendments to the City's Year 2000 Comprehensive Plan, after which the Board recommended that the City Commission authorize the transmittal of the amendments to the Florida Department of Community Affairs (DCA). The City Commission held a properly noticed public hearing on January 6, 1994 and approved the amendments by Resolution 94-21018. Amendments were transmitted to DCA and, after receiving comments on the proposed Comprehensive Plan amendments from DCA, the City revised the proposed Comprehensive Plan in compliance with the comments of the State Land Planning Agency. AGENDA ITEM Rl(: DATE~ -} }-9L. On June 2, 1994, the City adopted the revised 1994 Amendments to the Comprehensive Plan. After its review, the DCA issued a notice of intent to find the 1994 Amendment not in compliance with Chapter 163 of the Florida Statutes. On August 16, 1994, a petition was filed by the DCA with the Division of Administrative Hearings in Case No. 4509. During the course of that proceeding, administrative hearings were held to address concerns of the DCA and interveners and compliance agreement negotiations were held which have resulted in modifications to the 1994 amendments and a proposed Compliance Agreement. ANALYSIS A public hearing has been scheduled for today (September 11, 1996) to approve. the Compliance Agreement between the City and DCA. The Compliance Agreement sets forth a requirement that a single public hearing be held within 120 days of approval by the City of Miami Beach for the consideration and adoption of Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan, at which time all interested parties will be heard. All remedial actions, plan amendments and amendments to the support documents are contained in Exhibit A, consisting of: Modifications to the 1994 Amendments to the City of Miami Beach Year 2000 Comprehensive Plan, Part I: Data and Analysis, and Part II: Goals, Objectives and Policies with Procedures for Public Participation in the Planning Process, and Monitoring and Evaluation Procedures. CONCLUSION The Administration recommends that the City C0111I1?-ission set a public hearing for the adoption of the Modifications to the 1994 City of Miami Beach Year 2000 Comprehensive Plan. JGPU F:\PLAN\SALL\JANET\COMP I. WPD